# Board of Supervisors Minutes: May 4, 2010 - Meeting date: 2010-05-04 - Document type: minutes - Source format: PDF - Extracted pages: 27 - [Canonical HTML transcript](https://sfbos.info/documents/1996/2010-05-04-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m050410.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100503: Apply for, Accept and Expend Grant - Community Development Block Grant Entitlement, FY2010-2011 - $22,267,380 - Pages: 7-8 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 100503 [Apply for, Accept and Expend Grant - Community Development Block Grant Entitlement, FY2010-2011 - $22,267,380] Sponsor: Mayor Resolution approving the FY2010-2011 Community Development Block Grant Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2010-2011 Community Development Block Grant Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $22,267,380 and to expend program income in the amount of $4,886,000. ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 091269: Payroll Expense Tax Biotechnology Exclusion Amendment - Pages: 8 - Sponsors: Alioto-Pier; Dufty - Vote 1: amendment - Action: 091269 [Payroll Expense Tax Biotechnology Exclusion Amendment] Sponsors: Alioto-Pier; Dufty Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations Code to clarify the definition of "biotechnology business" and to allow applicants to claim the biotechnology exclusion for seven and one half (7.5) years irrespective of the application date. (Fiscal Impact.) Privilege of the floor was granted to Jennifer Matz (Office of Economic and Workforce Development) who responded to questions raised throughout the discussion regarding File No. 091269. Supervisor Maxwell, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED on Page 3, Lines 1-2, by adding 'which shall include participation in the City's First Source Hiring Program as defined in Section 83.4 of the Administrative Code.' The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: amendment - Action: Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED on Page 3, Lines 12-17, by adding '(5) File annual affidavits with the Office of Economic and Workforce Development detailing the total number of individuals hired, the number of individuals hired who were referred by the San Francisco Workforce Development System, and the duration of employment for each individual hired. The affidavits must be filed with the Office of Economic and Workforce Development on or before January 31 of every year after the year the application is first approved.' The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 3: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Avalos, Daly ### File 100399: Contract Modification with Acumen Fiscal Agent, LLC, for the Jobs Now Program - $53,995,000 - Pages: 8-9 - Sponsors: Mayor - Vote 1: referral - Action: 100399 [Contract Modification with Acumen Fiscal Agent, LLC, for the Jobs Now Program - $53,995,000] Sponsor: Mayor Resolution approving the emergency declaration to modify the contract between the City and County of San Francisco and Acumen Fiscal Agent, LLC, to provide private employer based wage subsidy reimbursements under the City's Jobs Now Program for qualified Jobs Now participants during the period of March 25, 2010, to June 30, 2011, in the additional amount of $10,000,000 for a total modified contract amount of $19,995,000. Privilege of the floor was granted to Cheryl Adams (City Attorney's Office), Ben Rosenfield (Controller), and Trent Rhorer (Human Services) who responded to questions raised throughout the discussion regarding File No. 100399. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be RE-REFERRED to the Budget and Finance Sub-Committee. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Alioto-Pier, Chu, Elsbernd ### File 100103: Prohibition on Tobacco Sales Within 1,000 Feet of a School - Pages: 9 - Sponsors: Mayor - Vote 1: amendment - Action: 100103 [Prohibition on Tobacco Sales Within 1,000 Feet of a School] Sponsor: Mayor Ordinance amending the San Francisco Health Code by amending Section 1009.53 and by adding Article 19L, Sections 1010.5 through 1010.11, to prohibit the sale of tobacco within 1,000 feet of any public or private school. Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the City Operations and Neighborhood Services Committee. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ## Extracted text ### [Page 8](https://sfbos.info/documents/1996/2010-05-04-minutes#page-8) Board of Supervisors Meeting Minutes - Final 5/4/2010 From the Budget and Finance Sub-Committee Without Recommendation 091269 [Payroll Expense Tax Biotechnology Exclusion Amendment] Sponsors: Alioto-Pier; Dufty Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations Code to clarify the definition of "biotechnology business" and to allow applicants to claim the biotechnology exclusion for seven and one half (7.5) years irrespective of the application date. (Fiscal Impact.) Privilege of the floor was granted to Jennifer Matz (Office of Economic and Workforce Development) who responded to questions raised throughout the discussion regarding File No. 091269. Supervisor Maxwell, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED on Page 3, Lines 1-2, by adding 'which shall include participation in the City's First Source Hiring Program as defined in Section 83.4 of the Administrative Code.' The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED on Page 3, Lines 12-17, by adding '(5) File annual affidavits with the Office of Economic and Workforce Development detailing the total number of individuals hired, the number of individuals hired who were referred by the San Francisco Workforce Development System, and the duration of employment for each individual hired. The affidavits must be filed with the Office of Economic and Workforce Development on or before January 31 of every year after the year the application is first approved.' The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 2 - Avalos, Daly 100399 [Contract Modification with Acumen Fiscal Agent, LLC, for the Jobs Now Program - $53,995,000] Sponsor: Mayor Resolution approving the emergency declaration to modify the contract between the City and County of San Francisco and Acumen Fiscal Agent, LLC, to provide private employer based wage subsidy reimbursements under the City's Jobs Now Program for qualified Jobs Now participants during the period of March 25, 2010, to June 30, 2011, in the additional amount of $10,000,000 for a total modified contract amount of $19,995,000. Privilege of the floor was granted to Cheryl Adams (City Attorney's Office), Ben Rosenfield (Controller), and Trent Rhorer (Human Services) who responded to questions raised throughout the discussion regarding File No. 100399. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be RE-REFERRED to the Budget and Finance Sub-Committee. The motion carried by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd City and County of San Francisco Page 380 Printed at 11:07 am on 6/11/10 ### [Page 9](https://sfbos.info/documents/1996/2010-05-04-minutes#page-9) Board of Supervisors Meeting Minutes - Final 5/4/2010 From the City Operations and Neighborhood Services Committee with Recommendation "Do Not Pass" 100103 [Prohibition on Tobacco Sales Within 1,000 Feet of a School] Sponsor: Mayor Ordinance amending the San Francisco Health Code by amending Section 1009.53 and by adding Article 19L, Sections 1010.5 through 1010.11, to prohibit the sale of tobacco within 1,000 feet of any public or private school. Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the City Operations and Neighborhood Services Committee. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Chu, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Alioto-Pier introduced, welcomed, and presented Certificates of Honor to Dr. Dave Atkin and Dr. Karen Makely, from Operation Rainbow of St. Luke's Hospital, in recognition of their accomplishments and continued community support. Supervisor Alioto-Pier introduced, welcomed, and presented Certificates of Honor to Leigh Maurus and Amy Hall McNamara, along with Lucy Hume, Lana Adair, Meg Bertero, and Melissa Barber, from the Friends of the Presidio Heights Playground, in recognition of their accomplishments and continued community support. Supervisors Chiu, Chu, and Mar, in conjunction with the Asian Pacific American Heritage Month and the Asian Pacific American Heritage Awards Committee, introduced, welcomed, and presented Certificates of Honor to Harriet Hu, Thomas Li, Anna Liu, Jane Xiao, Dr. Edward Chow, Thuy Doan, Maimai Q. Ho, and representatives from the Asian and Pacific Islander Wellness Center, Asian Student Union, California Dragon Boat Association, and Kearney Street Workshop in recognition of their accomplishments and continued community support. Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to David Noyola, Legislative Aide, in recognition of his accomplishments during his tenure with the Board of Supervisors. City and County of San Francisco Page 381 Printed at 11:07 am on 6/11/10